Internet Radio - Webcasting Endangered -Update!

Subject: Internet Radio
From: Stephen L. Rich
Date: 03 May 02 - 01:23 AM

My dear friend and occasional partner in musical crime, Sandy Andina sent me this little item. It's on her site and she wrote it, but it is on asubject which is important to all of us whether we record commercially or not.

The big money boys are going after the web-casters -- our best means of getting our music out to the public. It DID NOT (repeat) DID NOT end with Napster. The current royalty payment system proposed by the music corporations could WIPE OUT wed-casting!

here's a link to Sandy's comments. CLICK HERE

Just in case that didn't work, the address is

http://www.sandyandina.com/word-new.htm

This is vitally important to us all.

Stephen L. Rich

Subject: RE: BS: Internet Radio - Webcasting Endangered
From: Robin2
Date: 04 May 02 - 12:39 AM

refresh

Subject: RE: BS: Internet Radio - Webcasting Endangered
From: Dave the Gnome
Date: 04 May 02 - 06:23 PM

I'm not sure what the difference between Internet radio and webcasting is, if any. I listen to Hober a lot, along with Spinner and Launchcast. I get the impression the former is akin to a standard radio channel while the latter two are something different.

Exactly which is in danger - or is it both? Or something else?

Sorry I don't understand the implications or what to do really! Can anyone enlighten me?

Cheers

DtG

Subject: RE: BS: Internet Radio - Webcasting Endangered
From: McGrath of Harlow
Date: 04 May 02 - 07:14 PM

And is this just an internal American thing, or is there some overweening international authority looming over us?

Subject: RE: BS: Internet Radio - Webcasting Endangered
From: Dicho (Frank Staplin)
Date: 04 May 02 - 07:22 PM

Like Dave, I don't know whar is involved. What is "internet radio"?
Napster deserved to die. Not that I hold any brief for the large conglomerates, but the musicians who record for them were also being ripped off.
I listen to several stations who broadcast on the internet as well as on the air- BBC to KBON Louisiana. Are any of these being threatened?

Subject: RE: BS: Internet Radio - Webcasting Endangered
From: Tweed
Date: 04 May 02 - 07:54 PM

The regular stations have to pay a small amount for the songs on their playlists. There's new legislation in the works to make internet broadcasters pay a significantly larger amount of money for playing copywrited songs over the internet. KBON may be in danger as well as any other internet radio out there. Most don't get paid much from their banner ads and will not be able to come up with enough cake to continue broadcasting. This means that most of the small blues, cajun, bluegrass and folk radio sites will be gone and there'll be no place to access anything for free. Another one of life's simple pleasures sucked into the cash machine of the corporations who really don't give a sh*t about the artists. If they did, they'd want the lesser knowns get some free exposure that the net can give 'em.

Subject: RE: BS: Internet Radio - Webcasting Endangered
From: Stephen L. Rich
Date: 04 May 02 - 09:08 PM

This treatens us all. The only "artists" speaking out or taking action against Napster was a big-time heavy metal band. The biggest "complaints" were from huge corporate music intrests ( record company colects Ten dollars worth of royalties on artist's behalf. Keeps nine dollars and change for "expenses". Record company gives the balance to the artist. Artists lose more money from Sony and AOL/Time-Warner than they would or could ever have lost from Napster).

Many of us depend on web-casters, internet radio, and the like for exposure. Many of us are still at the level at which we are sacrificing payment for exposure anyway. With the complex,labor intensive, and extremely expensive system the Big Money Boys want to put in place for music on the web (which makes web-casters pay a)more than coventional broadcasters and b)pay twice) both web-casters (original programing on the web) and internet radio (simultanious web-casting of a conventional broadcast station) could disappear in America.

If it happens here how long do you think it will be before the multi-nationals turn thier attention to the countries of the EC?

The proposed system could prevent us, right here at Mudcat, from getting Mudcat Radio (even the existing older shows) or possibly even the midi's for the melody to that songs we want to learn.

In America, PLEASE, write to you Congressional Representetive, both of your Senators and the LIbrary of Congress (which is making the actual judgement call on this). DON'T LET THIS HAPPEN!!!

In the rest of the world be ready to act. If they succeed here there is no reason to believe that they won't be coming after you next.

Stephen

Subject: RE: BS: Internet Radio - Webcasting Endangered
From: Dicho (Frank Staplin)
Date: 04 May 02 - 09:16 PM

Legislation- Bill numbers? Text? National or California? Where is the information? Where have the RIAA press releases been printed?
Predictions of doom must be supported by factual information before support can be garnered.

Subject: RE: BS: Internet Radio - Webcasting Endangered
From: Stephen L. Rich
Date: 04 May 02 - 09:36 PM

There is NO BILL!! This is part of the problem. The decision is to be made by officials of the Library of Congress. It is the result of long negotiations (so called) between many webcasters and the major, corporate record labels (actually thier major, corporate lawyers) The Library of Congress's decision, however, will have the force of law. I'm digging up a few links to get more info to you. I should be able to have them posted by tonorrow.

Stephen

Subject: RE: BS: Internet Radio - Webcasting Endangered
From: Dicho (Frank Staplin)
Date: 04 May 02 - 10:04 PM

Thanks, Stephen. I have a hard time understanding that the Library of Congress can enforce any ruling.

Subject: RE: BS: Internet Radio - Webcasting Endangered
From: Stephen L. Rich
Date: 04 May 02 - 10:06 PM

A Link and a correction (when I get it wrong I'll be the first to tell you).

First the correction:

While I am aware of no bill currently pending before Congress on this issue, there was a bill passed in 1998 about webcasters and royalties when Congress understood (if you can imagine it) less than they do now about the internet (all they seem to "understand" now is that there is pornography on the web). This bill needs to be seriously modified if not repealed outright and a new one written (dates, numbers, and other details are available on the site linked below).

The link: This site should answer most of the outstanding questions about what is going on Click Here

One other thing:

I must apologize for the shakey start on this. I can only tell you that I am unaccustomed to being the one to sound the alarm on anything. I am usually one of those who gets called to march or play a benefit after the whole thing is already in motion. It is not a pleasant position in which to be. I feel, however, that it is important that someone do so. I promise, in future, to try to minimize the histrionics and stick to the information.

Stephen

Subject: RE: BS: Internet Radio - Webcasting Endangered
From: katlaughing
Date: 10 May 02 - 10:51 AM

The following is from a long-time broadcaster friend of ours. Not much time left to speak out...according to the link he sent me, we have until the 27th to make our voices heard, literally. Please give a listen and do what you can. Thanks...kat

Here is a more direct link to the PSA mentioned below: www.sos.dj
This is a very serious matter!   Our government will effectively kill internet radio in the US on May 27th if we don't speak out en masse!
For the best explanation I've heard on this please go to www.c895fm.com

click on to the real player symbol for live broadcast: The stream has been replaced with a PSA that will explain this to a "T" and let you know where you may e-mail to let your feelings be known.

The communications act of 1996 has already ruined over air broadcasting by replacing our small business of radio, with the duopoly system, where giant organizations bought out our unique, local radio stations, each one an analog of the community and culture they were a part of.   With duopoly tens of thousands of radio professionals are out of work. Sophisticated automation systems allow one person to "cut chatters" for an entire group of stations.   Since only one in four voice pieces are to be localized, this can be done in a timely manner.   Many less people on the air means much more money for the "Fat Cats".   When the money comes in the next thing they go after is power; as in the infamous Clear Channel no play list, which tells us classics such as John Lennon's beautiful "Imagine" are subversive and not for airplay. Then comes the news: with duopoly it's not news until it's passed the "Editorial Board" and if it is contrary to the "company" it becomes a non item. Oh but we didn't need to hear it any way. (Didn't the US launch Radio Free Europe for just those reasons? My how things have changed!)

Yes, the parallel is like local home cooking being replaces by mandatory doses of McDonald's! And of course the outcome is an art form that matches the beauty and majesty of "Used McDonalds" (Flush quick!)

Please if you care about the great things available only on internet radio take the time to send an e-mail to the address on the PSA on the link site. Internet radio needs to be in the hands of the people, not big business!

Please take a moment if you care!!!!!

Thanks

Subject: RE: BS: Internet Radio - Webcasting Endangered
From: katlaughing
Date: 10 May 02 - 11:00 AM

There's a lot of info at that site. Here is the main text message:

Dear Internet Radio Listener:

Thank you for taking a moment to preserve your access to the kind of Internet radio that you find at Web-Radio and all over the Net. Today thousands of stations broadcast online. But Internet Radio is in real Jeopardy of being silenced forever.   

Recently the Copyright Arbitration Royalty Panel (CARP) that was appointed by the U.S. Government Copyright Office, at the prompting of the Recording Industry Association of America (RIAA), recommended new and burdensome royalty payments on Internet radio broadcasters. These royalties do not apply to traditional broadcasters of AM and FM radio, so they represent a direct attempt by the RIAA to drive Internet radio out of business. For some reason, they believe that Internet radio is a threat to CD sales, even though they also believe that broadcast radio represents free advertising.

You can read more about this ruling, issued by the Copyright Arbitration Royalty Panel (CARP) at www.saveinternetradio.org .

These royalty costs far exceed the actual income of most Internet radio station, let alone any profit. They are also retroactive to 1998. This means that most stations are facing massive "past due" bills for everything they have ever played to listeners like you in the last four years. In simple terms, this misguided ruling by the panel will bankrupt most Internet radio stations. At best, a few deep-pocket corporations will continue to serve music over the Internet. Since these few corporations will dominate the market, the variety you have come to love will disappear.

There is still hope. The CARP ruling is being appealed. You can influence this process by sending a fax or email to your congressman and your senator, but you must do so today. The CARP ruling will soon be finalized in May and then it will be too late.

Please help Internet Radio stay in business, so that they can continue to serve you to years to come !

Sincerely,

Web-Radio.FM

Subject: RE: BS: Internet Radio - Webcasting Endangered
From: katlaughing
Date: 13 May 02 - 01:38 PM

Here's a clickie to the other, relevant thread which has a link to a petition to sign. Only a week to go before the Congressional hearings.

Subject: RE: BS: Internet Radio - Webcasting Endangered
From: GUEST
Date: 19 Sep 02 - 10:04 AM

Here are the latest record-keeping requirements from the Copyright Office.

In light of these, and the very high retroactive fees, is Mudcat Radio now extinct ?

Subject: RE: Internet Radio - Webcasting Endangered
From: open mike
Date: 11 May 07 - 08:01 PM

refresh
http://www.savenetradio.org

Subject: RE: Internet Radio - Webcasting Endangered
From: katlaughing
Date: 13 Jul 07 - 10:04 AM

I see the appeals court has let this go through, so as of Sunday a bunch of stations will owe thousands in retroactive royalties, etc. This is just plain wrong! From HERE:

Shaken Internet Radio Stations Face Specter of New Fees Sunday

By Kendra Marr
Washington Post Staff Writer
Friday, July 13, 2007; Page D03

Sunday will be a day of reckoning for Internet radio stations.

The D.C. Circuit Court of Appeals has refused to stop an increase in royalty and broadcasting fees, jeopardizing the future of some stations. As a result of the decision, handed down Wednesday, fee increases will take effect in two days.

The Copyright Royalty Board, which is part of the Library of Congress, decided in March to almost triple royalty rates by 2010 and impose an annual $500 fee per station or channel. The decision was urged by SoundExchange, an organization created by the recording industry.

In recent months, some smaller Web stations shut down in anticipation of the higher fees. More say they will close as a result of the court decision.

Web radio stations and their listeners have been lobbying Congress to pass legislation that would void the Copyright Royalty Board's decision and use a system that would assess royalties based on a station's revenue. But there has not been any legislative action on the proposal.

The four largest Internet-radio providers -- Pandora, Yahoo, Rhapsody and Live365 -- have tens of millions of channels among them. Pandora can afford to pay fees on Sunday but will continue to lobby Congress for changes, said founder Tim Westergren.

"This is just about the artists getting paid fairly," said Richard Ades, spokesman for SoundExchange. "Artists and labels just want a fair share of the pie."

Michael Huppe, SoundExchange's general counsel, said it was still negotiating with Internet broadcasters to reduce the burden on small and non-commercial webcasters. Yesterday during a meeting of both sides organized by members of Congress, SoundExchange offered an annual fee cap of $50,000, if the broadcaster reports everything that is played and adopts technology that limits the ability of listeners to copy broadcasts. The annual fee can be deducted from the royalties paid to artists and record labels.

But as it stands now, starting Sunday, webcasters will retroactively pay artists and record labels the difference between the new and old royalty rates for 2006.

"Nobody wins when Internet radio gets shut down, including artists who ostensibly are being represented by SoundExchange, the organization pushing for high rates," Westergren said. "It's ironic. If SoundExchange gets their way, it means less money for musicians because people will cease to pay royalties all together."

Today about 70 million people a month listen to Internet radio and thousands of unknown artists depend on webcasts to promote their music, according to the SaveNetRadio, a coalition of artists, labels, listeners and webcasters lobbying Congress.

Royalties for Internet radio differ greatly from its satellite and terrestrial counterparts. Internet companies 0.000762 of a cent per song, per listener. Satellite radio companies pay a percentage of their revenue. Under copyright laws, land-based radio stations, traditional AM and FM radio, pay nothing.

"It's because we came to the party late," said Jake Ward, spokesman for the SaveNetRadio coalition. "The laws that govern satellite radio and terrestrial radio have already been grandfathered."

He added, "It's unique to Internet radio that at any one point you can tell how many people are listening. It works to our disadvantage to be asked to make payments based on this unique quality."

Jake Sommers, 47, a DJ in Columbus, Ohio, shut down his hobby jazz trumpet station, http://jazzplayerradio.com, on April 30 when he found out it would cost him $2,000 a month to operate. Sommers had 20,000 listeners a month.

"We never made a dime," he said. "It was a labor of love. Everything we made we put right back into radio station. It was a bunch of trumpet geeks playing music for other trumpet geeks."

Michael Clark, 38, of Woodbridge, closed one of his two all-Christmas music stations when he discovered it would cost him between $13,000 and $14,000 during the 2007 holiday season alone. His stations, http://christmasmusic247.com, have a worldwide audience. Clark has received e-mails from missionaries in Africa, an America tourist in Japan and people who hadn't heard their Christmas favorites in years.

"It's a rush," he said. "It's a lot of fun and makes me feel good." Clark said he was still undecided what he would do after this weekend, when he will owe $8,000 in royalties.

Subject: RE: Internet Radio - Webcasting Endangered -Update!
From: Bill D
Date: 13 Jul 07 - 01:59 PM

my local station, WAMU, which does Bluegrass and Dick Spottswood's "Obsolete Music Hour" is likely to suffer also...

read here

They say it could triple their costs....

Subject: RE: Internet Radio - Webcasting Endangered -Update!
From: Fred McCormick
Date: 13 Jul 07 - 03:09 PM

WAMU is a great station and the only way transatlantics like me can pick up Dick Spottswood's show (in my opinion, the finest old time music show anywhere in the world) is via the Internet. There's nothing like wringing the last drop of profit from the lemon for killing off valuable public resources.

Subject: RE: Internet Radio - Webcasting Endangered -Update
From: katlaughing
Date: 14 Jul 07 - 12:41 AM

Bill, have you heard of an update from WAMU now that the appeals court has ruled against the broadcasters? This whole thing is just unbelievable, stupid, and sad.

Subject: RE: Internet Radio - Webcasting Endangered -Update
From: BK Lick
Date: 14 Jul 07 - 03:02 AM

From wired.com: Net Radio Wins Partial Reprieve as Royalties Loom